---
kind: "section"
citation: "25 U.S.C. § 385"
title: "25"
title_heading: "Indians"
number: "385"
heading: "Maintenance charges; reimbursement of construction costs; apportionment of cost"
release: "119-102"
url: "https://uscodex.org/usc/25/385"
units:
  - "Chapter 11 — Irrigation of Allotted Lands"
---

# §385. Maintenance charges; reimbursement of construction costs; apportionment of cost


For lands irrigable under any irrigation system or reclamation [project](/usc/25/5611.md?p=2) the [Secretary](/usc/25/5130.md?p=1) of the Interior may fix maintenance charges which shall be paid as he may direct, such payments to be available for use in maintaining the [project](/usc/25/5611.md?p=2) or system for which collected: Provided further, That all moneys expended under this provision shall be reimbursable where the [Indians](/usc/25/1934.md) have adequate funds to repay the Government, such reimbursements to be made under such rules and regulations as the [Secretary](/usc/25/5130.md?p=1) of the Interior may prescribe: Provided further, That the [Secretary](/usc/25/5130.md?p=1) of the Interior is authorized and directed to apportion the cost of any irrigation [project](/usc/25/5611.md?p=2) constructed for [Indians](/usc/25/1934.md) and made reimbursable out of tribal funds of said [Indians](/usc/25/1934.md) in accordance with the benefits received by each individual [Indian](/usc/25/1934.md) so far as practicable from said irrigation [project](/usc/25/5611.md?p=2), said cost to be apportioned against such individual [Indian](/usc/25/1934.md) under such rules, regulations, and conditions as the [Secretary](/usc/25/5130.md?p=1) of the Interior may prescribe.


## Source credit

(Apr. 4, 1910, ch. 140, §§ 1, 3, 36 Stat. 270, 272; Aug. 1, 1914, ch. 222, § 1, 38 Stat. 583; Aug. 7, 1946, ch. 770, § 1(8), 60 Stat. 867; Pub. L. 97–293, title II, § 224(f), Oct. 12, 1982, 96 Stat. 1273.)

## Notes

### Editorial Notes

### Codification

Section is based on sections 1 and 3 of act Apr. 4, 1910, and section 1 of act Aug. 1, 1914.

A provision in act Aug. 1, 1914, appropriated a specific sum for the construction, repair, etc., of ditches, reservoirs, etc., and for the pay of designated officials and employees.

### Amendments

1982—Pub. L. 97–293 struck out provisions requiring Secretary of the Interior to transmit annual cost accounts to Congress of all moneys expended on each irrigation project.

1946—Act Aug. 7, 1946, discontinued provisions requiring Secretary of the Interior to transmit annual cost accounts to Congress of all moneys expended on each irrigation project.